GULAB DIN vs The STATE

' ATTAULLAH KHAN, J.---Gulab Din, petitioner herein, who is charged in a case registered against him and another under section 9(c) of the Control of Narcotic Substances Act, 1997, vide F.I.R. No,211, dated 4-4-2012 in Police Station Saro Kallay, Charsadda, sought his release on bail on the grounds that he was falsely involved in the instant case by the local police due to some ulterior motives; that neither he was in conscious knowledge of the incriminating substance nor the vehicle, wherefrom, the same was recovered belonging to him; that he is not likely to be awarded the maximum sentence provided by the statute for possessing 9645 grams of "Charas" and that his co-accused has already been released on bail by the learned Additional Sessions Judge, Shaqadar vide order dated 13-4-2012, therefore, he is also held entitled to the concession of ail on the principle of consistency. Reliance was placed on the judgment is of Ghani-ur-Rehman v. State (2009 SCM R 954) and unreported judgment of this Court dated 17-9-2010, rendered in Criminal Miscellaneous BA) No,1197 of 2010.

2. As against the learned counsel appearing on behalf of the State opposed the grant of bail to the petitioner by submitting that the petitioner was arrested red-handed on the spot, when he was driving the vehicle, wherefrom, the huge quantity of incriminating substance was recovered; that the FSL report is positive; that he also claimed the ownership of the vehicle and that he being, prima facie, connected with a crime; attracting the prohibitory clause, doesn't deserve the concession of bail at this stage, even if it is presumed for a while that he is not likely to be awarded the maximum sentence provided by the statute.

3. I have gone through the record carefully and considered the submissions made by the learned counsel for the parties.

4. I have minutely gone through the record and the judgments of the apex Court as well as of this Court and found that the facts of the instant case are similar in nature with those of the judgments, referred to above, whereby, the petitioners therein, had been released on bail. Even otherwise, mere presence of the petitioner in the driving seat of the truck would not, prima facie, establish his involvement or his conscious knowledge regarding presence of narcotics. No doubt, a huge quantity of 9645 grams of charas has been recovered but, in the given circumstances, that cannot be linked with the petitioner. No reasonable grounds appear to be there, which could reflect the involvement of the petitioner in the case and his such involvement would require further probe, which makes his case as that of further inquiry under section 497(2) of the Cr.P.C. Entitling him to the concession of bail, that too, when his co-accused has already been released on bail by the learned Additional Session Judge, Shabqadar vide order dated 13-4-2012.

5. For the reasons discussed above, this petition is allowed and the petitioner is directed to be released on bail on furnishing bail bonds in the sum of Rs, 2,00,000 (Rupees two lac) with two sureties, each in the like amount to the satisfaction of the learned trial Court, who is to ensure that the sureties are local, reliable and men of means.